18280 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

8To the extent mens rea is relevant, it is 

accounted for in factor three, which directs the 

consideration of a registrant’s prior conviction 

record. See 21 U.S.C. 823(h)(3). 

While in this case, there is substantial 

evidence that Mr. Fowler distributed 

pseudoephedrine with a reckless 

disregard for its eventual use, such 

proof is not essential to sustain the 

revocation of Respondent’s registration. 

A proceeding under section 304 of the 

CSA is not a criminal prosecution. 

Rather, its purpose is to protect the 

public interest. See Leo R. Miller, 53 FR 

21931, 21932 (1988). 

‘‘ ‘In determining the public interest,’

Congress granted the Attorney General 

broad discretion to consider any other 

factor that is ‘relevant to and consistent 

with the public health and safety.’’ ’ T. 

Young, 71 FR at 60572 (quoting 21 

U.S.C. 823(h)(5)). The statutory text of 

factor five does not require that the 

Government prove that a registrant or its 

key employees acted with any particular 

mens rea.8 As I have previously 

explained, ‘‘the diversion of list I 

chemicals into the illicit manufacture of 

methamphetamine poses the same 

threat to public health and safety 

whether a registrant sells the products 

knowing they will be diverted, sells 

them with a reckless disregard for the 

diversion, see D & S Sales, 71 FR at 

37610–12, or sells them being totally 

unaware that the products were being 

diverted.’’ T. Young, 71 FR at 60572 

(citing Joy’s Ideas, 70 FR at 33198) 

(revoking registration notwithstanding 

that distributor was ‘‘an unknowing and 

unintentional contributor to [the] 

methamphetamine problem’’). 

Accordingly, Respondent’s excessive 

sales of pseudoephedrine also provide 

reason alone to conclude that its 

continued registration would be 

inconsistent with the public interest. 

In sum, four of the five factors 

conclusively demonstrate that 

Respondent’s continued registration is 

inconsistent with the public interest. 

Furthermore, in accordance with 21 

CFR 1316.67, I find that Respondent’s 

owner engaged in egregious misconduct 

and is responsible for the diversion of 

massive amounts of pseudoephedrine 

into the illicit manufacture of 

methamphetamine. There, I conclude 

that the public interest requires that 

Respondent’s registration be revoked 

effective immediately. 

Order 

Accordingly, pursuant to the 

authority vested in me by 21 U.S.C. 

823(h) & 824(a), as well as 28 CFR 

0.100(b) & 0.104, I order that DEA 

Certificate of Registration, 003949RPY, 

issued to Rick’s Picks, L.L.C., be, and it 

hereby is, revoked. I further order that 

the pending application of Rick’s Picks, 

L.L.C., for renewal of its registration be, 

and it hereby is, denied. This order is 

effective immediately. 

Dated: March 30, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E7–6759 Filed 4–10–07; 8:45 am] 

BILLING CODE 4410–09–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: 07–030] 

Notice of Information Collection 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of information collection. 

SUMMARY: The National Aeronautics and 

Space Administration, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13, 44 U.S.C. 

3506(c)(2)(A)). 

DATES: All comments should be 

submitted within 60 calendar days from 

the date of this publication. 

ADDRESSES: All comments should be 

addressed to Mr. Walter Kit, National 

Aeronautics and Space Administration, 

Washington, DC 20546–0001. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument(s) and instructions should 

be directed to Mr. Walter Kit, NASA 

PRA Officer, NASA Headquarters, 300 E 

Street SW., JE000, Washington, DC 

20546, (202) 358–1350, Walter.Kit1@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This is an online application form for 

the Exploration Systems Mission 

Directorate—Space Grant Consortia 

Faculty Project. NASA must select 

candidates via a competitive process, 

and in order to do so must collect 

personal information in an application. 

The voluntary respondents will be fulltime professors that are employed at a 

university in the United States or Puerto 

Rico. 

II. Method of Collection 

This information collected on the 

application is needed to competitively 

select faculty to participate in the 10 

week Fellowship. 

III. Data 

Title: Exploration Systems Mission 

Directorate—Space Grant Consortia 

Faculty Project. 

OMB Number: 2700–XXXX. 

Type of review: New Collection. 

Affected Public: Individuals or 

households. 

Number of Respondents: 156. 

Responses Per Respondent: 0.5 hour. 

Annual Responses: 156. 

Annual Burden Hours: 80. 

IV. Request for Comments 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of NASA, including 

whether the information collected has 

practical utility; (2) the accuracy of 

NASA’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including automated 

collection techniques or the use of other 

forms of information technology. 

Comments submitted in response to 

this notice will be summarized and 

included in the request for OMB 

approval of this information collection. 

They will also become a matter of 

public record. 

Gary Cox, 

Deputy Chief Information Officer (Acting). 

[FR Doc. E7–6772 Filed 4–10–07; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 050–00315, 050–00316; 

License Nos. DPR–58 & DPR–74 EA–06–

295] 

In the Matter of Indiana Michigan 

Power Company D.C. Cook Nuclear 

Power Plant; Confirmatory Order 

Modifying License (Effective 

Immediately) 

I 

Indiana Michigan Power Company 

(I&M or Licensee) is the holder of 

Facility Operating License Nos. DPR–58 

and DPR–74 issued by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) pursuant to 10 CFR Part 

50 on October 25, 1974 and December 

23, 1977, respectively. The licenses 

authorize the operation of the D.C. Cook 

nuclear power plant units 1 & 2 in 


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